Dutrow receives indefinite stay of suspension

Trainer Richard Dutrow Jr. on Wednesday received a stay of a 10-year suspension handed down last month by the New York State Racing and Wagering Board that will likely remain in force until his appeal of the board’s decision is resolved.

New York Supreme Court Judge Richard Giardino granted the stay after Dutrow’s attorney, Michael Koenig, submitted paperwork to the court challenging the 10-year ban. Dutrow had earlier received a 30-day stay of the ban after his attorney informed the court that he intended to appeal the board’s decision. The 30-day stay was set to expire on Wednesday.

The stay will allow Dutrow to train while his appeal remains unresolved. In similar cases, appeals have taken at least six months to be resolved, and they usually stretch beyond 12 months.

“We’re looking forward to challenging the board’s decision and presenting our case,” said Koenig, shortly after returning from the court.

Technically, the stay was extended until Monday, in order to give the state time to prepare a request to move the appeal to the state’s appellate court, which, in New York, is higher than the Supreme Court. The stay granted by Giardino on Wednesday contains language that will extend the stay on Monday until the appeal is resolved.

The New York racing board handed down the 10-year ban on Oct. 12, effective Oct. 18, citing Dutrow’s long history of violations and calling his participation in the sport “inconsistent with the best interests of racing.”